New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-01-16
THE ANTLMORNON BILL.

The House has passed the Anti Mormon bill
nc amended It's chief fea ures are the annul-
ment of the territorial laws under which the
| Mormon Church was established and the pro-
vision for the dissolution of the Perpetual Fund
Emigration Society, which is the mainstay OF
the system. The Evening Post says of the
action of the House upon this bill: 1.-The pas
! sage of so drastic measure with scarcely
dissenting vote by a Democratic House dispOses
of another Republican bOgy" Yet The Post
quite possibly gives the cew to the motive of
| the Democrats in suggesting a serious doubt as
! to the cOnstitutiOnalIty of the law. There is
no cOmmoner trick of demagogic legislation
than that which consists in enacting laws
which are on their face sweeprngly radical,
but so fagrantly at odds with the Consti-
tuition that the courts are sure to
declare them null and void To the
vulgar demagogue such legislation seems super
latively subtle and adrolt 1t enables him to
pretend to his constituents that he is heartily
IN favor OF a certain course it enables his
party to "poiut with pride to its legislative
record on the question; it devOlves all further
responsibility Tor so he Thinks upon the courts !;
| and it leaves open door of escape from the
reproaches or enmity of the interest supposed
to be disciplined by tho sham reform measure.
Now the passage by the Democratic House of
an Anti Mormon bill, the main principle Of
which is regarded by many as unconstitutional,
would be just the kind OF stale
trick to be expected from that party.
The new bill certainly appears to go counter to
that provision of the Constitution which de-
clares that Congress shall make no law re-
specting an establishment of religion, or pro-
mbitlng the free exercise thereof The avowed
purpose of the law Is to destroy MOrmonlSm rs
reli eion, this being held necessary to the ex-
tinctiOn of poiygamy. Of course the MOrmons.
and especially the Josephites would protest
| against such reasoning, and would cite in con-
travention of it the fact that one branch of tho
Church of Latter Day Saints has always refused
to accept tho alleged polygamic revelation.
That the Mormons will, if the new law goes
into effect, contest it on constitutional grounds
is already certain, and there is a respectable
body of opinion at Washington which holds
that such contest must result in the
notification of the law. In fact, tho OBJ
vious view of the law must be against
ITS validity. and the arguments by which 1t has
been defended thus far appear rather sOphisti
cal than forceful. The presumption is the
stronger against it because the question put in
issue is so far-reachlng and because il adjudi
eating so momentOus matter the Supreme
Court cannot avoid consideration of the posi-
bic consequences of affirming the principle
advanced by Congress.
In short there is in the circumstances no
warrant for The Posts statement that the
passage Of the Anti Mormon bill "disposes of
another Republican bogy." On the contrary,
there is nothing in the facts Incompatible with
the existence of a thorough and cordial
understanding between the MOrmOns and
the Democratic majority in the House.
No sane observer can imagine for a moment
that the final enactment of such law would
settle the Mormon question. 1t has. however,
two perilOus stages to pass before it can be put
to the test OF the Supreme Court. 1t may not
be accepted by the Senate, and it may be
vetoed by the President. Should neither Of
these contingencies occur there can be no
doubt-for the intention is already announced
that the Mormons will fight it in the courts;
and the ultimate value of a measure thus handi-
capped from the start may be left for
the public to estimate. All the con-
ditions are such as to justify the suspicion
that the Democrats. in passing the bill,
have merely played one of their most hack
neyed tricks, for the paipable and conspicuous
purpose of making that kind of a surface
record which stands them IN political campaigns
instead of genuine reform work. There is moth
ing in the case to disslDate any doubts which
may have been entertained concerning the sim
cerity of Democratic ani- Mormon sentiment
and the opponents of polygamy cannot be too
cautious in accepting the new bill as honestly
intended or as involving any real remedy for
the evil.
DnDuT1D EDDnD